International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 21 Volume 4, No. 6, June 2015

Bonded Labour

Ramanjeet Kaur, Assistant Professor, Physics Department, R.S.D.College, Firozpur City, ()

ABSTRACT over the Colonial world was the system of Slave Trade. Under which black people mainly from African countries Bonded labor is one among the various socio-economic were sold at Plantation and Mining works in the countries evils of India. Bonded labour stems from a variety of of North and by their European colonial causes which include caste-system, denial of access to masters. They were forcefully exploited for their labour land ownership and corruption within the political and and were put into inhuman conditions. This trade remained judicial spheres. In India, bonded labor continues to be in practice for centuries and only in modern times due to significant in various fields like as a vestige of traditional sustained movements by Black people (for instance in social relations, unorganized and informal sector, South Africa under the leadership of Nelson Mandela) and agriculture and Child bonded labor. The Supreme Court also due to end of Colonial era their conditions somewhat has played an important role for abolition of Bonded changed. Labor and on rehabilitation part. Many other organizations in India have bonded labor on their 2. CAUSES OF BONDED LABOUR agendas, such as the National Institute of Rural Development, the National Human Rights Commission, Bonded labour stems from a variety of causes, which are and the Centre for Education and Communication. Along highly debated in the literature: with these efforts people themselves need to change their mentality towards weaker sections of the society. A. Caste-System: Bonded labour has its in the caste system. The caste Keywords system has been described as uniquely Indian [1] and Bonded labour, colonialism, caste-system, unorganized could not exist without it since the majority of and informal sector, rehabilitation slaves are Harijans (the lowest social group, actually outside the traditional varna system of caste). Wealthy higher-caste landlords typically give small loans to 1. INTRODUCTION destitute individuals or families without assets, whose labour is their only means of repayment. It is clear that Bonded labour is one among the various socio-economic land ownership, wealth, power, and higher caste status are evils of India. It is being practiced in our society since interrelated. Harijans have been coerced into working the ancient times and unfortunately, it is still continued to be land of others, because they have no opportunity to practiced in various forms. purchase land of their own. By and large, the only asset belonging to the Harijans is their labour. Many Bonded labour is a person's pledge of their labour or families currently residing in rural India began as migrant services as security for the repayment for a loan or other labourers and settled upon finding agricultural or quarry obligation. The services required to repay the debt may be work. Employment agencies have often been used to help undefined, and the duration of the services may also be migrant workers find positions with upper-caste landlords, undefined. It can be passed on from generation to and in such circumstances the fee paid by the landlord to generation. Bonded labour is based upon two principles: the agency becomes the worker’s debt [2]. that an individual is required to work under the threat of a penalty, and that the service performed is involuntary. The B. Denial of access to land ownership penalties and restrictions placed upon bonded labourers The denial of access to land ownership is also an are the key differentiators between debt-bondage slavery important contributing factor to bonded labour. Land has and otherwise poor working conditions. been identified as the most important asset in Indian agriculture economy because its possession “is a symbol The system of bonded labour is one of the main of entitlement, power and privileges and is synonymous characteristics of the feudal hierarchical society. The with not only the economic status of a household but its system was designed to enable a few socially and social status as well” [3]. Besides status, employment economically powerful sections of society to exploit the options (especially self-employment) in rural areas are weaker sections of the society. This practice was in heavily dependent on land ownership. In rural India, the existence in various forms in several parts of the world. It number of Scheduled Castes in 1994 who cultivated their was one of the cruellest outcomes of colonialism all over own land amounted to less than half the number of higher the world. One of the worst forms of bonded labour all

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castes who owned and cultivated land [4]. Bonded labour the years. Their exist today probably less due to social will certainly continue so long as land rights are denied to custom and more due to other elements like force and lower portions of society. compulsion.

C. Political Corruption B. Bonded labour in agriculture Corruption within the political and judicial spheres has Most of the exploitation occurs in Farming or Agriculture perpetuated the quiet acceptance of forced bonded labour. Sector and it is the weaker portion of the society which is Justice is often blocked by the severely congested Indian exploited most due to caste hierarchy and due to the court system. There are at least twenty-five million cases absence of a proper land reform policy. The land is pending in courts, and most cases take decades to reach traditionally owned by the higher castes and lower strata resolution. The rule of law has disintegrated in India to the people have very little or no land for farming. Thus they point at which it is nearly impossible to conduct business, are forced to work as labourers in other’s fields. In states preserve human rights, or achieve justice through like Kerala, where land reforms have been implemented legitimate channels 5].The fundamental problems are the by statute, bonded labour virtually has been eliminated. lack of access to a speedy trial, low rates of conviction and But in States like , , , Tamil administrative corruption, apathy, and non-performance Nadu and , large portions of land are still held [6]. by families who practice feudal forms of land ownership and labour employment. Political corruption discourages individuals without the necessary connections from running for public office, the The modernization of agriculture has created new filing of incident reports with police, and the bringing of demands for a stable and servile labour force, which, in claims to trial. It has become ingrained in public sentiment some cases, is obtained through credit bondage and that justice is unlikely to be achieved through legal means. elements of force, deceit and compulsion. The condition of Without the support of local public servants (e.g., agricultural bonded labour is so worst that thousands of politicians and/or police), bonded labourers have virtually farmers, when faced with the possibility of a lifetime in no recourse within the Indian government to seek refuge bondage, have chosen to commit suicide [10]. More than from tyrannical landlords. 180,000 Indian farmers are estimated to have committed suicide since 1997 because of their formidable debts. The 3. FORMS OF BONDED LABOUR IN Indian government attempted to cancel the farmers’ debts INDIA with a $13 billion bailout, which was unsuccessful since an estimated 88 per cent of debts were owed to private Eighteen of India’s twenty-two states have documented creditors (landlords) [11]. The suicides indicate the cases of bonded slavery: , Arunachal magnitude of desperation experienced by millions of Pradesh, Bihar, Chattisgarh, Gujarat, Haryana, Jharkhand, landless low-caste individuals in rural India. Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Punjab, Rajasthan, , Uttar Pradesh, C. Bonded labour in unorganized and informal sector Uttrakhand, and West Bengal [7]. An estimated 80 per The incidence of bonded labour is perhaps the highest in cent of bonded labourers in India work in the agricultural the unorganized and informal sector in India. And among sector [8]. As reported by Anti-Slavery International, the unorganized sectors, the incidence of bondage is many other Indian workplaces employ bonded labourers, probably the highest in quarries and open mines. These including brick kilns, stone quarries, silk farms, rice mills, industries are mainly characterized by the predominance salt pans, fisheries, mines, forests, match and firework of manual processes, seasonality, remoteness and contract factories, tea and cardamom plantations, shrimp farms, migrant labour. Brick kilns are another industry which cigarette factories, domestic households, and textile reportedly continues to have a sizeable incidence of plants[9].The following types of bonded labour continue bonded labour. The industries like rice mills, sericulture to be significant: and silk weaving, woolen carpets, fish processing, and construction are also a big origin of bonded labour. A. Bonded labour a vestige of traditional social relations D. Child bonded labour Traditional social relations have sanctioned a caste-based A significant number of bonded labourers in India are division of labour in which servile castes are expected to children. In India, children most often fall into bonded perform low status functions for repaying the debt. These labour because of the actions of their parents. Debt personalized servile relationships based on the traditional inheritance is a common way for children to become social structure persist in some parts of the country. These bonded to a landlord. Children are bonded for labour when exist mainly in backward agriculture sector, but are also money is borrowed (usually by parents, sometimes by sometimes carried over into the non-agrarian sector like children) from a business-owner or landlord. Parents domestic service. These relationships have declined over knowingly send their children away to work (often in

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another state) in order to receive an advance on the B. Constitutional and Other Provisions children’s wages, making the children comparable to As per Article 23 of the , traffic in commodities exchanged between the parents and the human beings, beggar, and other similar forms of forced employers [12]. The cash advance is often considered a labour are prohibited and any contravention of this loan, and accrues interest over time. In rural areas, provision shall be an offence punishable in accordance landlords expect the debt to be paid by any means, and in with law. The Supreme Court has ruled in various some villages families have been in bondage for two decisions that bonded labour can be regarded as a form of hundred years, over eight generations [13]. Employers and hence is unconstitutional under Article subject child slaves to extremely hazardous work 23. So this is one of the Fundamental Rights guaranteed by conditions, perhaps because children are unlikely to defy our Constitution and to give effect to Article 23, orders given by an adult authority. Many industries that Parliament has enacted the Bonded Labour System employ child slaves occupy dimly lit buildings with poor (Abolition) Act (BSLA), 1976. The BLSA applied to all ventilation, leading to damaged eyesight and the spread of of India, clearly defined terms relevant to bonded labour, infectious diseases. In the silk industry, children work with and outlined what practices were to be forbidden. It was boiling water, frequently suffering severe burns, scars, and explicitly stated that upon the commencement of the act the removal of skin on their hands and feet. Children are every bonded labourer was to be released, any agreements especially susceptible to various forms of maltreatment entailing bonded labour were void, and that henceforth any because of their inherent vulnerability. Incidents of verbal, agreements to render individuals as bonded labourers were physical, and sexual abuse are common in cases of child prohibited. Upon its commencement, thousands of bonded slavery. Children working in stone quarries are made to labourers were identified, released, and rehabilitated by carry explosives because their small bodies are a better fit the state. But Anti-Slavery International has reported that for the tight cracks in the stone [14]. since the 1990s, “the process of identification and release has dramatically slowed and government authorities have 4. ABOLITION OF BONDED LABOUR downplayed the extent of bonded and failed to recognize new forms of bonded labour.” [19] SYSTEM C. Role of other organizations A. Role of the Supreme Court in Abolition of Bonded Aside from the government, many other organizations in Labour India have bonded labour on their agendas, such as the Improper or non-implementation of legal provisions has National Institute of Rural Development (NIRD), the given rise to several judicial pronouncements by the National Human Rights Commission (NHRC), and the Supreme Court through Public Interest Litigations (PILs). Centre for Education and Communication (CEC). NIRD For instance in the case of Bandhua Mukti Morcha v has recognized that individuals often fall into bonded Union of India (1984 SC), a PIL was filed by an labour because they are forced to take out loans to survive organization working for the upliftment of bonded the “lean season”, when food is scarce during July and labourers. Large numbers of labourers were working in August. In Maharashtra, the Academy of Development stone-quarries in Haryana under inhuman conditions with Science (ADS) has established grain banks in conjunction no medical aid, no safety rules and on very little with NIRD to ensure that SC and ST families in rural areas remuneration; the State authorities were not properly have access to grain during the lean season without taking enforcing relevant laws. Thus, the SC ordered release of out loans from landlords. these people from bondage immediately and also emphasized on the rehabilitation of released bonded The NHRC was founded as part of India’s 1993 Human labourers. This was one of the landmark cases where the Rights Act. The NHRC has a mechanism for citizens to Highest Court had to intervene for the cause of poor register complaints of human rights violations, and bonded bonded labourers. labour is on a list of the major types of recently filed complaints. Seemingly the most active and effectual body On rehabilitation part, the SC, in the case of Neeraja against in India, the NHRC has carried out Chaudhari v State of M. P. (AIR 1984 SC) has observed numerous reports and investigations as recently as April that bonded labour must be identified and released and, on 2010. Its actions have ranged from liberating groups of release, they must be suitably rehabilitated. In 1997, the bonded labourers to mounting legal challenges against Court asked the National Human Right Commission decisions made by state governments on bonded-labour (NHRC) to take over the monitoring of the issues. One of the NHRC’s current projects involves implementation of the directions of Court regarding establishing human rights “cells” or offices throughout release and rehabilitation of bonded labourers and also that India, an important step in addressing large-scale human of the provisions of the Bonded Labour System rights violations. (Abolition) Act, 1976. Thus, the SC has played an active role in fighting this social menace.

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The mission of CEC is to provide education about Indian incidents cannot be stopped only by the efforts of NGOs workers. CEC has a specific focus on understanding the or the SC or by Government authorities; it is the people evolution of labour relations in an increasingly globalised themselves who need to change their mentality. world, defending labour rights and democratic rights, and providing a means for organizing trade unions and Therefore, it is important that we as a society must change people’s movements. Spreading information on debt- our attitude towards persons of weaker sections and try to bondage slavery can be considered a form of action restore the value of human dignity which is a part of right against it, and CEC has taken the initiative to publish to life. many documents and maintain a website (bondedlabour.org) to address the practice of REFERENCES forced/bonded labour in India. [1] N. B. 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Sharma, “Distribution of Landholdings in vehicle to provide other essential services for economic Rural India, 1953–54 to 1981–82: Implications for and social empowerment … related activities should Land Reforms”, Economic and Political Weekly, strengthen the capacity of households to generate a vol.29, no. 13, A-12, 1994. livelihood, contribute to the reduction of expenses that can [4] Sukhadeo Thorat, “Oppression and Denial”, p. 573. push them into bondage, reduce their economic and social [5] J. Narayan, “Organized Crime, Corruption, and dependence on the employer, and support their greater Democracy”, Challenges to Democracy in India, social inclusion in the community[16]. Microfinance is the ed. Rajesh M. Basrur (New Delhi: Oxford most plausible way for bonded labourers to build capital University Press, 2009), pp. 99–101, 2009. for personal use and lift themselves out of the desperate [6] R. Dada, “The Judiciary and Indian Democracy”, financial circumstances that drive individuals to take out Challenges to Democracy in India, ed. Basrur, pp. loans. NGOs will be the main force behind rural 67–72. microfinance programmes, since Indian banks have a [7] “Government of India, Ministry of Labour and history of imposing drastic increases in loan interest rates Employment”, Annual Report 2008–2009, New and confiscating land and homes from rural farmers [17]. Delhi, p. 83, 2009. [8] “Government of India, National Commission on 8. CONCLUSION Rural Labour”, 1991 Report, New Delhi, section 8.6, 1991. The steps taken by CEC, the NHRC, and NIRD to [9] K. P. Upadhyaya, “, Discrimination and improve human-rights and labour-rights standards for Slavery: The Reality of Bonded Labour in India, India’s working poor represent significant Nepal and Pakistan”, Anti-Slavery International, accomplishments. 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[16] P. Daru, C. Churchill, and E. Beemsterboer, “The Prevention of Debt Bondage with Microfinance-led Services”, European Journal of Development Research, vol.17, no.1, p. 140, March 2005. [17] J. George and P. Krishnaprasad, “Agrarian Distress and Farmers’ Suicides in the Tribal District of Wayanad”, Social Scientist, vol.34, no. 7/8, p. 75, July–August 2006.

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